Governance

The sharing economy, Internet Governance, children's digital rights, net neutrality and content regulation are examples of core governance issues explored in-depth at IIC meetings and in InterMedia articles. Governance of the telecoms media and technology sector is at the heart of what the IIC does.

Key speakers on Governance

Alejandro Cantú Jiménez

Natee Sukonrat (Col. Dr )

Adriana Labardini

Ajit Pai

Alee Fa'amoe

Alejandra de Iturriaga Gandini

Talks on Governance

Policy choices for sustained investment and innovation at the network, service and applications level. This talk took place on Wednesday 27th May 2015 as part of the IIC Telecommunications & Media Forum in Miami.

Roberto Viola (Deputy Director General, DG Connect, European Commission) is interviewed by the IIC President, Fabio Colasanti, on the occasion of the IIC's Telecommunications and Media Forum in Miami, USA, May 2014.

2018 could be a watershed year for the telecommunications industry and EU regulation. Francesco Liberatore Chair of the Brussels Chapter, and associate Matthew Buckwell of Squire Patton Boggs consider the top 10 EU regulatory developments

Francesco Liberatore writes, the Financial Times recently reported that the UK Government will create a new regulator, the Digital Markets Unit, to police companies such as Facebook and Google after Brexit. The regulator will be given powers to implement a range of new rules, including an enforceable code of conduct for the biggest groups and greater data accessibility for consumers.

To get the broadband infrastructure and consumer benefit that are needed, regulators have to abandon the short-term thinking that can stifle new entrants and investment, argue RICHARD CADMAN, JONATHAN KINGAN and GITA SORENSEN

In part two of his discussion of the ‘myth of 5G’, WILLIAM WEBB examines regulatory factors, spectrum issues and whether fixed-wireless access will be more than a promise - plus scenarios for the next few years

Connected and autonomous vehicles will be leading users of the internet of things and 5G technologies. But almost all of today’s societal and regulatory issues will converge on road transport, as Julian McGougan reports.

Telecoms operators have missed the platforms boat but hope to regain ground with network virtualisation. RICHARD FEASEY discusses the technology and regulatory implications of a powerful but potentially double-edged movement.

The Internet Governance Forum (IGF) is much more than a UN talking shop and has the potential to be a key political networking body, reckons WOLFGANG KLEINWÄCHTER, who reports from the 11th IGF in Guadalajara.

Should we be striving for the ‘level playing field’ with regulation of innovative, next-generation communications? Brian Williamson makes a strong case for setting them free.October 2016, Volume 44 Issue 03

As more people, especially the less well off, have only a smartphone to access the internet, there are signs that a new type of digital divide could develop. Ofcom’s Alison Preston describes new research carried out in the UK.July 2016, Volume 44 Issue 02

As the OECD prepares for a ministerial meeting on the digital economy, Jørgen Abild Andersen argues that the highest level of coordination among many government departments is needed to deliver its aims

As regulators start to fundamentally review their remits, Chris Chapman, the incoming president of the IIC and chair of Australia’s ACMA, details the extent of digital disruption and possible regulatory response, in this two-part article.January 2016, Volume 43 Issue 04

The modern sharing economy is small but growing - and enabled by the internet. John Ure discusses its possible impact and where regulation may be heading, with particular reference to Asia.March 2015, Volume 43 Issue 01

Continuing our coverage of spectrum auctions, Stefan Zehle explores further the pitfalls and implications for the public purse, drawing on key examples from the past decade.March 2015, Volume 43 Issue 01

Jonathan Jacob Nadler says the FCC’s new Open Internet Remand Order makes five fundamental changes, faces five legal challenges – and will have five unintended consequences.June 2015, Volume 43 Issue 02

There is no more important concern in the global digital community than the wellbeing of children. SONIA LIVINGSTONE, who leads the Global Kids Online project, presents the latest evidence for a holistic approach for the digital age.

Countries are concentrating regulatory and competition law functions in a smaller number of agencies, including combining telecoms with other utility sectors. PETER ALEXIADIS examines the approaches in the first of a two part analysis.

More than 10 years ago, as the move to digital took off, there was much debate about using a layered regulatory model to mirror the new world. Now, write IVOR KING and DEREK WILDING, it’s making a comeback in Australia. But does it have merit?

Online platforms are placing great pressure on safeguards to democracy, and legal remedies are on the stocks. As KRISZTINA ROZGONYI discusses, there is a pressing need for a new generation of media regulators to implement rules and build trust

Data privacy is rightly among the biggest concerns in the digital age but, as DANIEL SEPULVEDA argues from the industry perspective, a regulatory balance is needed between protection and the success of a data-driven economy.

Policymakers have reached a stage in broadband development where they should be thinking of deploying bandwidth in abundance as part of next-generation national broadband plans. BLAIR LEVIN discusses the policy drivers.

Nations tend to keep a closer hold of telecoms industry regulation than in other sectors, even in Europe. It’s why the UK’s imminent exit from the European Union won’t impact its telecoms sector too much, as IAN WALDEN explains.

The technology giants have concentrated power in too few hands, writes SÉBASTIEN SORIANO, chairman of France’s regulator, Arcep. He proposes ‘Robin Hood’ style regulation to redistribute internet wealth to the many.

In part two of his extensive analysis of regulatory and competition law organisation, PETER ALEXIADIS discusses the rise of the ‘super-regulator’, regulatory independence, and centralised vs local organisation, with the EU as the key reference.

Europe has fallen behind in the ‘4th industrial revolution’ and the digital economy. The need for digital industrial policy is recognised but, as HARALD GRUBER describes, policymakers need to work quickly to correct market failures.

STEPHEN UNGER compares a landmark regulatory decision about the Carterfone in the US with debate on one of today’s major issues, artificial intelligence, and finds parallels with the need to ensure that evidence for regulation is robust.

October 2019, Volume 47 Issue 3

Fiscal policy, economics and universal service funding

This talk took place on Friday 20th May 2016 as part of the IIC Telecommunications & Media Forum in Miami. Read

Though AI can generate economic growth, and help solve the world’s biggest challenges, the newly appointed European Commission accepts it also needs to deal with the ‘risks’ the new technology brings, writes The Parliament Magazine’s Rajnish Singh.

The South African Competition Commission released its final report and recommendations of its Data Services Market Inquiry on 2 December. The Commission launched the Inquiry in 2017 as the result of public concerns over high data prices.

Inventor of the World Wide Web, Sir Tim Berners-Lee, unveiled the World Wide Web Foundation’s global plan of action, Contract for the Web, at the United Nations Internet Governance Forum in Berlin on 25 November.

German Chancellor, Angela Merkel, has urged Europe to seize control of its data from Silicon Valley tech giants, in an intervention that the Financial Times says highlights the EU’s growing willingness to challenge the US dominance of the digital economy.

TeleGeography reports that Digicel Trinidad and Tobago has upgraded its networks with LTE-A technology using an undisclosed block of spectrum it says was awarded by the Telecommunications Authority of Trinidad and Tobago (TATT) in July 2019.

Ofcom has announced that Jonathan Oxley will become interim chief executive while the process to appoint a permanent chief executive continues. He will take on the role at the end of November, when Sharon White leaves, reports Mobile News.

Regulation Asia reports that the MAS (Monetary Authority of Singapore) has announced the launch of a new collaboration with the financial industry to create an artificial intelligence framework for financial institutions. This comes as the new National Artificial Intelligence strategy was announced by Singapore’s deputy prime minister Heng Swee Keat at the Singapore FinTech Festival and Singapore Week of Innovation and TeCHnology (SFF x SWITCH) 2019.

As part of a nation-wide ‘Your Right to Know’ campaign for freedom of speech, Australia’s national and major metropolitan newspapers produced front pages on 21 October consisting of a heavily redacted memo. As seen in the Sydney Morning Herald, below it were the words “When government keeps the truth from you, what are they covering up?”

Seven telecoms companies in South Africa have signed a cooperation agreement with the government outlining guiding principles for conduct within the fibre-based connectivity sector, notes Business Report.

Brazil’s president, Jair Bolsonaro, has signed a law modernising Brazil’s telecoms regulations in a move long expected by the industry to allow new investment opportunities and help salvage bankrupt carrier Oi, reports Reuters.

Singapore’s communications regulator, Infocomm Media Development Authority (IMDA) has revised its plans for the allocation of 5G-suitable spectrum, saying it now intends all four mobile network operators (MNOs) to roll out 5G networks starting from next year, up from its original plan to have just two, reports Telegeography.

A joint memorandum of the Belgian, Dutch and Luxembourg (Benelux) competition authorities has highlighted challenges faced by competition authorities in a digital world. They say they cannot address all the challenges faced by competition authorities and focus on merger control, the need for guidance in fast moving digital markets, and the debate on an ex ante instrument providing for binding commitments without the establishment of an infringement.

BEREC, the European regulators body, has issued a draft update to its net neutrality guidelines, adopted in 2016, that have been now been renamed as the BEREC Guidelines on the Implementation of the Open Internet Regulation.

Australia has announced telco regulations that prevent fraudsters from hijacking mobile numbers to access personal and financial information, and reduce phone scams, reports ZDNet. “Under the new industry wide measures, telcos will be required to introduce two-factor authentication, such as inputting a code on a website or responding to a text message, before mobile numbers can be transferred from one provider to another.

Germany’s Federal Network Agency, Bundesnetzagentur (BNetzA), is consulting on a revision of the catalogue of security requirements for operating telecoms and data processing systems and for processing personal data. “It is essential to protect information and communication systems against threats. The updated security requirements for telecommunications networks and services play an important role in this,” said Jochen Homann, BNetzA president.

Plans to introduce a nationwide age verification system for online pornography have been abandoned by the UK government after years of technical troubles and concerns from privacy campaigners, reports the Guardian.

A US appeals court has largely upheld the Federal Communications Commission’s (FCC) repeal of net neutrality protections, but struck down a provision barring states from implementing their own open internet rules, notes Mobile World News.

The Communications Authority of Kenya (CA) has appointed Mercy Wanjau as acting director-general to replace Francis Wangusi whose tenure has ended. The board of directors chair, Ngene Gituku, said the appointment has been made to ensure that CA continues to discharge its mandate seamlessly.

A paper in the Journal of Common Market Studies, titled “Networks as ‘first best’? Network entrepreneurship and venue shifting in the establishment of the network of Euro‐Mediterranean energy regulators, considers that regulatory networks are usually considered a “second best” instrument of policy integration.

The organisations responsible for enforcing the Accessible Canada Act have announced the establishment of the Council of Federal Accessibility Agencies. The Accessible Canada Act, which became law in June 2019, requires member organisations of the council to work collaboratively to refer federal accessibility complaints to the right organisation and to foster complementary policies and practices.

France’s communications regulator, Arcep, has brought together more than 20 representatives of national authorities from 15 European Union member states to outline the planned terms and procedure for awarding spectrum in the 3490–3800 GHz band in metropolitan France, and to elicit their feedback.

The next president of the European Commission has steeled Europe for battles with Donald Trump over trade and tech regulation, handing more powers to the bloc’s top antitrust enforcer and urging Brussels to be robust in dealing with global rivals including China, reports the Financial Times.

Egyptian ICT minister, Amr Talaat, has inaugurated a national ICT monitoring centre, which is affiliated with the National Telecommunications Regulatory Authority (NTRA), notes Ecofin. “With this new development, the Egyptian government is confirming its ambition to improve the quality of telecoms and internet services provided to citizens..."

Several French regulators – the competition authority, AMF, Arafer, Arcep, CNIL, CRE and CSA – have held a meeting to draw up a memorandum on data-driven regulation, which they say “creates the ability to make stakeholders more accountable, increases the regulator’s capacity for analysis and makes more information available to users and civil society”.

Singapore’s Economic Development Board (EDB), Enterprise Singapore and the regulator, the Infocomm Media Development Authority (IMDA), have joined forces to establish Digital Industry Singapore (DISG), to better support and capitalise on the growth opportunities for Singapore’s technology sector.

A 19 month project with over 190 expert missions to Georgia comprising Lithuanian, German and Polish experts has helped define secondary legislation and guidelines on communications in line with EU standards for the country.

The Citizen Lab, based at the Munk School of Global Affairs and Public Policy, University of Toronto, has commented on two reports issued by United Nations Special Rapporteurs “that demonstrate the dangerous effects of unchecked technology in the hands of autocrats”...

Removing extremist groups from social media is an effective way of destroying their fan bases, according to a study by the Global Research Network on Terrorism and Technology. As the National reports, the researchers found that radical groups do not necessarily thrive on alternative platforms once they have been removed from the mainstream.

The European Commission has launched the pilot phase of its ethics guidelines for trustworthy artificial intelligence (AI). At the first AI Alliance Assembly, held in Brussels, the High-Level Expert Group on AI announced two developments, including an assessment list for trustworthy AI, developed by a group of 52 independent experts.

Mauritania's small population and low economic output has limited the country’s ability to develop sustained growth, notes Developing Telecoms, citing a report by Research & Markets. “There are also practical challenges relating to transparency and tax burdens which have hindered foreign investment.

The Brazilian Senate has approved a proposal to add protection of data in digital platforms to the list of fundamental rights and individual citizen guarantees set out in the country's constitution, reports ZDNet.

A 19 month project with over 190 expert missions to Georgia comprising Lithuanian, German and Polish experts has helped define secondary legislation and guidelines on communications in line with EU standards for the country.

The FCC in the US is taking steps to improve broadband deployment and competition in the nation’s apartment buildings, condominium complexes and office buildings (known as multiple tenant environments, or MTEs).

The Communications Service Proclamation has been adopted by the Ethiopian Parliament and introduces a number of major changes into the Ethiopian telecoms sector. Commentary from DLA Piper's telecoms team notes that the most important aspect of the proclamation is that it has liberalised the sector, which has been monopolised by the government for many decades.

Britain’s Confederation of British Industry (CBI) has called for a new, independent regulator that can play “a crucial role in building trust in the digital economy”. It says that current proposals risk falling short of the UK government’s ambition to be the best and safest place to build a digital business.

On 13 June 2019, the Court of Justice of the European Union (“CJEU“) published its ruling on the classification of Gmail in the EU following a request for a preliminary ruling from the German Courts. Gmail is a web-based email service, and is a type of “Over-The-Top” (“OTT”) service.

A proposal by the UK’s security agency, GCHQ, that would enable eavesdropping on encrypted chat services has been condemned as a “serious threat” to digital security and human rights, reports the Guardian. “In an open letter signed by more than 50 companies, civil society organisations and security experts – including Apple, WhatsApp, Liberty and Privacy International – GCHQ was called on to abandon its so-called ‘ghost protocol’, and instead focus on ‘protecting privacy rights, cybersecurity, public confidence, and transparency’.

A new domain plan to measure New Zealand’s ongoing evolution into a digital nation has been released by Stats NZ and the Ministry of Business, Innovation and Employment (MBIE). Government statistician, Liz MacPherson, says that the release of a digital nation domain plan is a step towards “making sure that we’re collecting essential data to track and understand how new and emerging technologies are affecting New Zealand.

Hadopi, the France’s copyright agency, and Conseil supérieur de l'audiovisuel (CSA), France’s media regulator, have conducted a joint study on the connected speaker market, which is an issue for both institutions. These issues are also of interest to other regulatory authorities, including telecoms regulator, ARCEP, the competition authority, and CNIL, the data privacy agency, which contributed to the work.

The US House Judiciary Committee has launched an investigation into the market dominance of Silicon Valley’s biggest names, starting with a look at the impact of the tech giants’ platforms on news content, the media and the spread of misinformation online, reports Courthouse News.

The Cook Islands Ministry of Finance and Economic Management (MFEM) has released a draft telecoms market competition policy for consultation. The Cook Islands has been serviced by a single operator, partly-owned by the government, under a legislated monopoly since 1989, with limited independent oversight.

The European Court of Justice (EJC) has ruled that Skype and similar voice over internet (VoIP) communications providers are subject to rules governing electronic communications services in some cases, following a dispute between the company and the Belgian telecoms regulator, notes Mobile World Live.

The Canadian Radio-television and Telecommunications Commission (CRTC) has launched a first call for applications for a broadband fund. The CRTC is accepting applications for projects in the Canadian territories and satellite-dependent communities, where there is a great need for improved broadband internet and mobile wireless services.

Everyone in the UK will have the legal right to request a decent and affordable broadband connection from March next year, the regulator, Ofcom, has confirmed. “We are implementing the UK government’s ‘universal broadband service’ – a safety net that will give eligible homes and businesses a legal right to request a decent connection.

Ajit Pai, chair of US regulator FCC, has commented on USTelecom’s release of broadband investment figures for 2018, and the FCC’s own 2019 broadband deployment report (which was reissued after problems with data), saying that “the latest evidence reaffirms that our policies are working..."

Top artificial-intelligence researchers are racing to defuse an extraordinary political weapon: computer-generated fake videos that could undermine candidates and mislead voters during the 2020 presidential campaign, reports the Washington Post.

India’s Department of Telecommunications (DoT) has stepped up its efforts to reclaim spectrum from bankrupt cellco Aircel, demanding that the firm return its airwaves on the basis that the DoT is owed dues from the defunct provider, notes TeleGeography.

The EU should be “ready to act” should social values such as “privacy, freedom and fairness” be under threat from expanding digital monopolies, the bloc’s competition chief, Margrethe Vestager, has said, reports EurActiv.

On 5 June 2019, the Court of Justice of the EU ("CJEU") published its ruling on the classification of SkypeOut in the EU following a request for a preliminary ruling from the Belgian Courts. Skype is a Voice over IP service ("VoIP") whereas the SkypeOut component is an interconnected VoIP service that allows the service to dial out to landline and mobile numbers.

Despite a lengthy process that started way back in the spring of 2018, US mobile operators Sprint and T-Mobile have agreed to extend the deadline for their proposed merger another 2 months until 29 June, reports Gizmodo.

A report submitted to the French Secretary of State for Digital Affairs, and titled “Creating a French framework to make social media platforms more accountable: Acting in France with a European vision”, recommends that French authorities should have more access to Facebook’s algorithms to audit its policies on hate speech.

Rwanda’s government is aiming to regulate social media content, a move which is intended to curb the spread of misinformation, according to the minister for ICT and innovation, Paula Ingabire, as AllAfrica reports.

The ITU has approved a recommendation addressing the relationship between network operators and providers of over the top (OTT) applications. It says recommendation ITU-T D.262 “provides parameters for the analysis of the new economic dynamics of the ICT ecosystem and how policy and regulatory frameworks could promote competition, consumer protection, consumer benefits, dynamic innovation, sustainable investment and infrastructure development, accessibility and affordability in relation to the global growth of OTTs”.

The Telecom Regulatory Authority of India (TRAI) wants the government to identify spectrum being held by various departments and agencies for effective commercial application of the scarce natural resource, notes the Economic Times.

Sharon White, chief executive of Ofcom, the UK regulator, has said that the small number of equipment suppliers has created systemic risks to the country’s networks that may need to be addressed with regulation. She made the remarks amid tensions with the US over whether Britain will permit equipment from Chinese vendor Huawei to be used for next-generation 5G telecom services, reports Bloomberg.

Dutch regulator, ACM, plans to work on two themes concerning 5G, reports Telecompaper: the application of net neutrality and infrastructure sharing. “A spokesperson for the ACM said the application of net neutrality raises important questions for 5G and infrastructure sharing will become relevant again once operators start rolling out 5G networks.

Arcep, France’s regulator, has published a draft decision for public consultation on implementing an application programming interface (API), to be installed directly in operators’ boxes, for measuring the quality of fixed internet services.

The Australian Competition & Consumer Commission (ACCC) has decided to oppose the proposed merger between TPG Telecom and Vodafone Hutchison Australia (VHA). The ACCC has concluded that it is likely to substantially lessen competition in the supply of mobile services because the merger would preclude TPG entering as the fourth mobile network operator in Australia.

BBC director-general Tony Hall has called for streamers and broadcasters to face the same regulation and highlighted what he says is the greater reach of the “pubcaster” compared with online rivals like Netflix, C21Media reports.

The US Federal Communications Commission (FCC) intends to move ahead with a plan to auction off wireless radio frequencies that scientists say could harm critical satellite data used in weather forecasting, a report in the Washington Post notes.

Tech giants have become increasingly dominant and ministers must open the market up to increase consumer choice and give people greater control over their data, an independent review for the UK government has advised.

The UK’s House of Lords has called for the creation of a digital super-regulator to oversee the different bodies charged with safeguarding the internet and replace the “clearly failing” system of self-regulation by big technology companies, reports the Guardian.

The UK government has issued a statement of strategic priorities (SSP) to provide the regulator, Ofcom, with context and guidance about the government’s policy priorities and desired outcomes in relation to telecoms, the management of radio spectrum and postal services.

Nearly 3 years after the EU net neutrality regulations came into effect, neither service providers nor national regulators have been role models in following the rules, a report has concluded, notes Telecoms.com.

The Philippines House of Representatives has unanimously approved House Bill 3437, which seeks to provide for an “online network establishment” (ONE) policy for the country. Principally authored by deputy speaker Rose Marie “Baby” Arenas, HB 3437 or the “ONE Philippines Act” hopes to minimise the so-called digital divide and speed up wireless communications technology in the country.

A survey commissioned by the NSPCC, a UK child protection charity, reveals that 9 out of 10 parents support the regulation of social networks to make them legally responsible for protecting children, and 6 out of 10 adults do not think social networks protect children from sexual grooming and inappropriate content like self-harm and suicide.

The final report in the UK of the Digital, Culture, Media and Sport select committee’s 18-month investigation into disinformation and fake news has accused Facebook of purposefully obstructing its inquiry and failing to tackle attempts by Russia to manipulate elections, reports the Guardian.

A review by Dame Frances Cairncross into the sustainability of high-quality journalism in the UK has been published, making proposals “designed to encourage new models to emerge, with the help of innovation not just in technology but in business systems and journalistic techniques”.

The EU Electronic Communications Code (EECC) is a new directive consolidating and reforming the framework for the regulation of electronic communications services and networks across the EEA. Member states must adapt their existing telecommunications regulations in accordance with the EECC by 2020.

The advocate general of the European Court of Justice has given his opinion on the “right to be forgotten” conflict between France and Google, and the opinion is relatively simple: France does not have the right to impose its own considerations on a company which operates outside its jurisdiction, notes Telecoms.com.

Most online video streaming platforms in India have agreed to a code of self-regulation that may receive endorsement from the country’s Information and Broadcasting Ministry, reports the Economic Times.

Deutsche Telekom has become the latest operator to file a lawsuit against the conditions for participating in Germany’s 5G mobile spectrum auction, which is scheduled to take place in the spring, notes TeleGeography.

As of Dec. 21, 2020, the obligations of the current ePrivacy Directive will apply to instant messaging applications, email, internet phone calls and personal messaging provided through social media — collectively, over-the-top services — in addition to traditional telecom providers.

ANCOM, Romania’s regulator, has launched for public consultation an “action plan” for 2019, with Sorin Grindeanu, ANCOM’s president, saying: “New challenges lie ahead of ANCOM in 2019, with the organisation of the 5G auction as a main project.

According to website, International Law Office, the Chinese government’s growing concerns about certain aspects of blockchain have triggered a number of recent regulatory responses. For example, in June 2018 the government learned of a vaccine scandal in which improper wording was allegedly uploaded to Ethereum (a type of blockchain).

The Australian Competition and Consumer Commission has published preliminary recommendations in its digital platforms inquiry, which is covering Google, Facebook and the Australian news and advertising industries. The report contains 11 preliminary recommendations and eight areas for further analysis as the inquiry continues.

BEREC, the Body of European Regulators for Electronic Communications, has released a number of documents and consultations, including its “highly anticipated” opinion on the EU net neutrality regulation and guidelines.

The European Commission (EC) has published a plan prepared with member states to foster the development and use of artificial intelligence (AI) in Europe. It focuses on four areas: increasing investment, making more data available, fostering talent and ensuring trust.

The European Council has given final sign-off on the EU’s Electronic Communications Code, which imposes price caps, tougher security procedures and spectrum allocation rules that will enhance 5G deployment, notes mobile World Live.